A prisoner’s failure to object or raise any procedural issues before the Hearing Officer renders any such issues unpreserved for judicial review. In the Matter of Austin v Fischer, 514568, 3rd Dept. 3-7-13
A prisoner’s failure to object or raise any procedural issues before the Hearing Officer renders any such issues unpreserved for judicial review. In the Matter of Austin v Fischer, 514568, 3rd Dept. 3-7-13
“It is well settled that an inmate has a conditional right to call witnesses at a disciplinary hearing provided their testimony would not jeopardize institutional safety or correctional goals… . ‘[A] hearing officer’s actual outright denial of a witness without a stated good-faith reason, or lack of any effort to obtain the requested witness’s testimony, constitutes a clear constitutional violation … . On the other hand, where a good-faith reason for the denial appears on the record, this amounts to a regulatory violation requiring that the matter be remitted for a new hearing…” Here the hearing officer’s failure to determine whether a retired correction officer could testify required a new hearing. In the Matter of Morris-Hill v Fischer, 514093, 3rd Dept. 3-7-13
In a prison disciplinary proceeding, the hearing officer’s refusal to provide the inmate with the instructions for the operation of the machine which was used to test his urine for the presence of drugs required annulment of the determination the prisoner had used a controlled substance. Matter of Marshall vs Fischer, 2012-01538, Index No. 6260/11 Second Dept. 2-13-13
In an inmate’s disciplinary hearing, the hearing officer’s refusal to allow an inmate to call witnesses, without providing the inmate with a written statement explaining the reasons for the refusal, together with the hearing officer’s refusal to allow the inmate to question witnesses, required a new hearing before a new hearing officer. In the Matter of Benito v Calero, 2011-06219, Index No. 10-00715 Second Dept. 1-16-13

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